Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Compagnie Gervais Danone v. Precision Formulations, LLC

Trademark Trial and Appeal Board
98 U.S.P.Q.2d 1251 (2009)


Facts

On February 21, 2007, Precision Formulations, LLC (plaintiff) filed an intent-to-use (“ITU”) application beginning the process of registering the mark “FRUITOLOGY” for various products. Danone (defendant) opposed the application on the ground that it had priority over Precision’s application for a nearly identical mark. There is no dispute that the marks are confusingly similar. Danone based its opposition on the following: on December 6, 2006, Danone had filed an application in France for the mark. On May 11, 2007, the application was granted, and the mark was registered in France. On May 22, 2007, Danone’s mark received international registration. On the same day, Danone filed an application with the United States Patent and Trademark Office to extend the protection of its international registration to the United States. Danone moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 370,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial